Government has contested lower court order

Justice T.R. Ramachandran Nair of the Kerala High Court on Friday recused himself from hearing a petition filed by the State government against the Kozhikode Judicial First Class Magistrate Court order directing to provide copies of the documents and statements of witnesses in the Kozhikode ice-cream parlour sex scandal case to Leader of the Opposition V.S. Achuthanandan.

In its petition, the State government said that Mr. Achuthanandan was a ‘stranger’ to the crime registered in the Kozhikode Town police station. Therefore, the order of the magistrate was illegal.

The State government pointed out that a copy of the final report in the case had been handed over to the Leader of the Opposition. But the prosecution had taken objection to that.

In fact, a portion of the case diary, which was confidential in nature, could not be given to anyone and it was prohibited under the Code of Criminal Procedure.

The government argued that Mr. Achuthanandan had no locus standi to ask for certified copies of the documents from the case diary in as much as he was not a complainant or an accused. Nor was he a witness to the proceedings. The magistrate had called for the case diary in the case only for taking a decision whether to accept or reject the final report.

It said the documents produced subsequent to the filing of the final report were not part of it. Nobody other than the court was entitled to use the documents.

  • Case relates to ice-cream parlour sex scandal case

  • Magistrate court ordered to provide documents to VS